Agenda — Cudahy City Council, July 18, 2023 (part 2 of 4)

14 CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.

G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.

5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.

5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.

VI.

MISCELLANEOUS PROVISIONS

6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.

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15 as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.

6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.

6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:

CONSULTANT: CITY:

Municipal Translation Company
[ADDRESS]
Attn: Hilda Estrada
Phone: (818) 245-2730
City of Cudahy
City Clerk’s Office
5220 Santa Ana Street
Cudahy, CA 90201
Phone: (323) 773-5143
Attn: Richard Iglesias
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.

6.5 COOPERATION; FURTHER ACTS: The Parties will fully cooperate with one another, and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.

6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.

6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.

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16 Agreement. Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.

6.10 GOVERNING LAW AND VENUE: This Agreement will be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, will be in the Central District of California located in the City of Los Angeles, California.

6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.

6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.

6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.

6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.

6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.

6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.

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17 6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.

6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section

6.16, above.

6.20 COUNTERPARTS: This Agreement will be executed in three (3) original counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section

6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and the remaining two original counterparts will be retained by CITY.
(SIGNATURES ON NEXT PAGE)

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18 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.

CITY OF CUDAHY:

By:

Alfonso Noyola, ICMA-CM
City Manager

Date:_______________________

CONSULTANT NAME
By:

Name:

Title:

Date:_______________________
APPROVED AS TO FORM:

By: _____
City Attorney
Date:____________________________

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19 EXHIBIT “A”

CITY RFP

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Request for Proposals (RFP)
Translation Services
March 6, 2023
Consultants may email questions to the following contact:

Richard Iglesias, City Clerk
[email protected]
City of Cudahy
5220 Santa Ana Street
Cudahy, CA 90201

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CITY OF CUDAHY

REQUEST FOR PROPOSALS
Translation Services
I. Introduction
The City of Cudahy is seeking qualified consultants with experience in providing verbal translation services for public meetings, townhalls, workshops, events, etc. This Request for Proposals (“RFP”) provides the scope of work, submission format, guidelines, and evaluation and selection process.

The City’s goal is to provide verbal translation services to Cudahy residents, many of whom are primarily Spanish speakers.

Translation services required by the City are generally of short duration and specific in nature.

Through this RFP process, the City seeks to establish a Professional Services Agreement with the approved consultant with an authorized contract not-to-exceed $18,000 for one year, with a maximum of two (2) one-year extension terms.

Depending upon the project's scale and particular needs, the consultant may need to demonstrate their ability to undertake the job before the project is assigned.

II. Background
Cudahy is located in Southeast Los Angeles County, next to the L.A. River. The City was incorporated on November 10, 1960, and named after its founder, meat-packing baron Michael Cudahy, who purchased the land known as Rancho San Antonio in 1908 for development.

Cudahy is 1.1 square miles with a current population of 23,606. The City is a general law city and operates under the council-city manager form of government.

III. Scope of Work
Consultants shall be expected to provide the following services to the City of Cudahy upon request:

A. Public Meetings
The City requires Simultaneous interpretation (English/Spanish and Spanish/English) services for in-person city council meetings every first and third Tuesday of each month and other meetings on an as-needed basis for special city council meetings, committee meetings, town hall meetings, workshops, events, and other meetings on Zoom or in person. Consultants must provide all equipment necessary to provide this type of service.

B. Emergency Translation
In the event of a catastrophic event or some other emergency, the City may require verbal translation services.

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IV. Statement of Qualifications Format and Content
The format and sequence of each Consultant Statement of Qualifications (“SOQ”) shall be as follows:

A. Provide office location, company history, current number of employees, and contact information.

B. Describe the Consultant in terms of overall capabilities, areas of expertise, certifications, experience, and training concerning the proposed scope of work in Section III.

C. Identify availability and accessibility for all City meetings, including the availability of other consultants and alternates; include routine and urgent response times.

D. Please list any current or past comparable contracts or experience. Please indicate:
a. Contracting agency
b. Type of services provided
c. Years of services provided
E. It is anticipated that services will be billed at hourly rates. Please provide a detailed list of hourly rates or project rates for all services referred to in the scope of work and equipment rental charges (i.e., transmitters, receivers, etc.). Indicate if equipment rental charges are included as part of the project rates. Provide rates for Zoom meetings and in-person meetings if different.

F. Resumes and certifications of all consultants providing service.

G. Provide a minimum of at least three (3) references. Include names, addresses, telephone numbers, and a brief project description.

H. Any additional information the Consultant deems appropriate.

V. Submittal Guidelines
Submissions shall be emailed to [email protected] or by mail, three hard copies, including a flash drive with an electronic copy of the proposal, in a sealed envelope, package, or in person to the address below:

Richard Iglesias
City Clerk
City of Cudahy
5220 Santa Ana Street
Cudahy, CA 90201
Any inquiries related to the RFP should be directed to Richard Iglesias at (323) 773-5143 ext. 227 or emailed to [email protected].

Please note that late or incomplete submissions will not be considered or evaluated.

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VI. Selection Process Timeline
Distribution of RFP: March 6, 2023
Submission deadline: April 5, 2023, at 5:00 p.m.

SOQ are evaluated: April 11, 2023
City Staff interviews top consultants (If needed): April 13, 2023 City Staff selects consultant(s): April 17, 2023
Finalize Agreement(s) with approved consultant(s): April 24, 2023 Agreement(s) subject to Council approval: May 2, 2023
VII. Evaluation and Selection Process
Submissions will be evaluated utilizing the following criteria:
• Background and experience of the Consultant in conducting similar work (25 points) • Ability to provide translation services verbal or written and complete the work in a correct and timely manner (25 points)
• Accessibility and Availability (25 points)
• Cost (15 points)
• References (10 points)
As part of the evaluation process, the City of Cudahy may conduct interviews with consultants whose qualifications closely match the RFP requirements. Upon completion of the evaluation process, the most qualified consultant(s) will be contacted to finalize the Scope of Work and related terms of a professional services agreement. A draft agreement (Attachment A) is included as part of this RFP.

The City of Cudahy reserves the right to reject any and all proposals received, not necessarily accept the lowest bid price submitted, should it be deemed in its best interest to do so.

VIII. General Terms and Conditions
Clarification of Information
The City reserves the right to request clarification of information submitted and to request additional information from any consultant.

Submission Validity
The Consultant pricing shall be valid for a minimum of 90 days.

Submission Acceptance
The City reserves the right to accept all or a portion of the Consultant’s proposal.

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Proposal Preparation Costs
The City shall not be responsible for any costs incurred by the Consultant in preparing, submitting or presenting its response to the RFP.

Insurance
Consultant, at all times, while performing work under an awarded City Agreement, shall maintain general liability insurance coverage applicable to the services being rendered by the consultant in accordance with California law.

Withdrawal of Proposal Before Closing
Any consultant may request the withdrawal of their submission, either in person, by telephone, or written request, at any time prior to the scheduled closing date and time. Upon receiving the written request to withdraw any proposal, City of Cudahy will consider the Consultant’s submission null and void. Withdrawal of Consultant’s submission will not prejudice the Consultant’s re-submittal for this or any future submissions.

Interpretation of Documents
During the solicitation period should a Consultant find discrepancies or omissions in the specifications of the RFP, or should the Consultant be in doubt as to their interpretation, the Consultant shall immediately notify the City contact named in the RFP. Should it be found necessary, an addendum will be posted on the city website. Any addenda shall form a part of this solicitation and shall become a part of the submitted proposal.

Public Record
Upon the authorization of consultants, the results will become available. Be advised all information contained in submissions in response to this solicitation shall be subject to the California Public Records Act (government Code Section 6250 et seq.), and information use and disclosure are governed by this act.

Liens
The Consultant shall pay all sums of money that become due from any labor, services, materials or equipment furnished to consultant on account of said product/services to be furnished as a result of the RFP and that may be secured by any lien against the City of Cudahy. The Consultant shall fully discharge such lien no later than the time of performance of the obligation.

Federal, State and Local Laws
The Consultant and all sub-contractors shall comply with all applicable federal, state and local laws, rules, and regulations.

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1 2023

PROFESSIONAL SERVICES AGREEMENT
(Engagement: TRANSLATION SERVICES)
(Parties: [CONSULTANT NAME] and City of Cudahy)
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this ___________ day of __________________ 2023 (hereinafter, the “Effective Date”) by and between the CITY OF CUDAHY, a municipal corporation (hereinafter, “CITY”) and [CONSULTANT NAME], (hereinafter, “CONSULTANT”). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.

RECITALS
WHEREAS, CITY requires professional translation services; and WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, the execution of this Agreement was approved by the Cudahy City Council at its Regular Meeting of ___, 2023 under Agenda Item No. _____.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:

ENGAGEMENT TERMS

1.1 TERM: This Agreement shall have a term commencing from the Effective Date through [COMPLETION DATE] (hereinafter, the “Term”) and may be extended by the City administratively a maximum of two (2) one-year extension terms without having to return to City Council for approval. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination) below.

1.2 SCOPE OF SERVICES:

A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled “Request for Proposal Translation Services” (hereinafter, “CITY RFP”) and the written proposal of CONSULTANT entitled “[TITLE OF CONSULTANT PROPOSAL]” (hereinafter, the “CONSULTANT Proposal”). The CITY RFP and the CONSULTANT Proposal are attached and incorporated hereto as Exhibit “A” and “B” Attachment A Page 174 of 439
2 respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the CONSULTANT Proposal. The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT Proposal, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.”

1.3 PROSECUTION OF WORK:

A. CONSULTANT shall perform the Work contemplated under this Agreement on an on-call, as-needed basis. Nothing in this Agreement shall be construed to grant CONSULTANT the exclusive right to perform any of the types of services or tasks contemplated under this Agreement nor shall anything in this Agreement be construed to entitle CONSULTANT to the receipt of any sums under this Agreement, except to the extent CITY requests the performance of any Work in the manner described below and such Work is in fact performed and completed by CONSULTANT and accepted by CITY. CITY requests for the performance of specific services or tasks contemplated under this Agreement shall be made in the form of a written work order(s) issued by the City Representative (each such written request hereinafter referred to as a “Work Order”). Each Work Order shall include the following information:

1. A detailed description of the specific services or tasks requested;

2. The location of where the particular services or tasks are to be performed, if applicable;

3. A not-to-exceed budget for performing the services or tasks;

4. A timeline for completing the requested services or tasks;

5. Any other information CITY deems necessary and relevant to the requested services or tasks; and

6. The signature of the City Representative, confirming that the services or tasks have been authorized by the City Representative.

B. CONSULTANT shall perform no Work under this Agreement without a written request from the City Representative, containing the information set forth in Section 1.3(A) above;
C. CONSULTANT shall perform the Work continuously and with due diligence so as to complete the Work by the completion date indicated in each Work Order. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents;

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3 D. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner; E. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT’s employees; and
F. CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.

1.4 COMPENSATION: CONSULTANT shall perform the Work in accordance with the “[TITLE OF COMPENSATION DOCUMENT]” which is attached and incorporated hereto as Exhibit “C” (hereinafter, the “COMPENSATION RATE”). The foregoing notwithstanding, CONSULTANT’s total compensation for the performance of all Work contemplated under this Agreement, will not exceed the aggregate budgeted sum of [WRITTEN AMOUNT ($ INSERT NUMBER)] (hereinafter, the “Not-toExceed Sum”) during the Term of this Agreement, unless such added expenditure is first approved by the City Council. In the event CONSULTANT’s charges are projected to exceed the Aggregate Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Aggregate Not-toExceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.

1.5 PAYMENT OF COMPENSATION: The Not-to-Exceed Sum will be paid to CONSULTANT in monthly increments as the Work is completed. Following the conclusion of each calendar month, CONSULTANT will submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. If the amount of CONSULTANT’s monthly compensation is a function of hours worked by CONSULTANT’s personnel, the invoice should indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice.

Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.

1.6 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

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4 1.7 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Services, CONSULTANT will deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT’s cessation or abandonment.

II.

PERFORMANCE OF AGREEMENT

2.1 CITY’S REPRESENTATIVE: The CITY hereby designates Alfonso Noyola, City Manager (hereinafter, the “CITY Representative”) to act as its representative for the performance of this Agreement. The CITY Representative or their designee will act on behalf of the CITY for all purposes under this Agreement.

CONSULTANT will not accept directions or orders from any person other than the CITY Representative or their designee.

2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates [CONSULTANT REPRESENTATIVE] to act as its representative for the performance of this Agreement (hereinafter, “CONSULTANT Representative”).

CONSULTANT Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement.

CONSULTANT Representative or HIS/HER designee will supervise and direct the performance of the Work, using his best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the CONSULTANT Representative will constitute notice to CONSULTANT.

2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:

CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and will be available to CITY staff and the CITY Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by CITY Representative or his or her designees.

2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:

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5 and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative.

C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;
D. CONSULTANT will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.) CONSULTANT shall be liable for all violations of such laws and regulations in connection with Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom; E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
F. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. All of CONSULTANT’s employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.

The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the CITY Representative in writing and in her sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT’s

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6 profession.

2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT’s duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY’s prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.

2.6 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONSULTANT at the request of the CITY.

2.7 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Work will be performed by CONSULTANT or under CONSULTANT’s strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT’s competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT’s exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.

2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT’s officers,

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7 employees, agents, contractors, subcontractors or subconsultants is determined by the CITY Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.

2.9 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the U.S.

Department of Housing and Urbanization.

2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY.

CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.

CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.

III.

INSURANCE

3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following insurance coverage, at its own expense:

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8 have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.

B. Automobile Liability Insurance: CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per accident for bodily injury and property damage.

C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.

D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT’s profession. Such coverage will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per claim.

3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers as additional insureds.

3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.

3.4 PRIMACY OF CONSULTANT’S INSURANCE: All policies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers will be in excess of

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9 CONSULTANT’s insurance and will not contribute with it.

3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.

3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY’s ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY’s financial well-being and, indirectly, the collective well-being of the residents of the CITY.

Accordingly, CONSULTANT warrants, represents and agrees that it will furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on forms provided by the CITY if requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT’s commencement of any Work or any of the Work. Upon CITY’s written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.

3.7 The insurance coverage requirement set forth under this Article 3 are in addition to any coverage requirements set forth under Section [SECTION (Insurance Coverages) of the CITY RFP].

3.8 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, CITY may cancel this Agreement effective upon notice.

3.9 SPECIAL RISKS OR CIRCUMSTANCES. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

IV.

INDEMNIFICATION

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10 cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein Notwithstanding the foregoing, to the extent CONSULTANT’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.

CONSULTANT’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.

4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.

4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to either pay CITY promptly for any costs associated with CONSULTANT’s obligations to indemnify the CITY Indemnitees under this Article, or related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.

4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers.

4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this

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11 Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.

4.6 CITY does not, and shall not waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.

4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.

TERMINATION

5.1 TERMINATION WITHOUT CAUSE: CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY’s intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination.

CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in section 6.1 below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work.

CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.

5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:

A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2B and 5.2C below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this

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12 Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

B. CONSULTANT will cure the following Events of Defaults within the following time periods:
i. Within ten (10) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement.

Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.i. that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or ii. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.

In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.

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13 C. CITY will cure any Event of Default asserted by CONSULTANT within fortyfive (45) calendar days of CONSULTANT’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.

D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’s performance under this Agreement pending
CONSULTANT’s cure of any Event of Default by giving CONSULTANT written notice of CITY’s intent to suspend CONSULTANT’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.

E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach.

No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.

F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or

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14 iv. The CITY may exercise any other available and lawful right or remedy.

CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.

VI.

MISCELLANEOUS PROVISIONS

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15 without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.

CONSULTANT: CITY:

CONSULTANT NAME

ADDRESS
Attn: CONTACT PERSON
Phone: INSERT PHONE
City of Cudahy

CITY DEPARTMENT

CITY ADDRESS
Phone: CITY PHONE NUMBER
Attn: DEPARTMENT DIRECTOR
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.

6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.

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6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.

6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.

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6.16, above.

6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and the remaining two original counterparts will be retained by CITY.
(SIGNATURES ON NEXT PAGE)

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18 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.

CITY OF CUDAHY:

By:

Alfonso Noyola, ICMA-CM
City Manager

Date:_______________________

CONSULTANT NAME
By:

Name:

Title:

Date:_______________________
APPROVED AS TO FORM:

By: _____
City Attorney
Date:____________________________

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19 EXHIBIT “A”

CITY RFP

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20 EXHIBIT “B”

CONSULTANT PROPOSAL

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21 EXHIBIT “C”

COMPENSATION RATE

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Blank Page

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20 EXHIBIT “B”

CONSULTANT PROPOSAL

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Municipal Translation Company - Hilda D. Estrada
• PROOFREADER • TRANSCIBER • TRANSLATOR • INTERPRETER • COMMUNICATIONS SUPPORT

CONTACT
CELL:

E MAIL:

PROFILE
Southeast Los Angeles proofreader, transcriber, translator, simultaneous interpreter, meeting facilitator (virtual and in-person) in Spanish and English.

Specialized in the areas of architecture, community engagement, design, engineering, municipal government, police communications, Braille public safety, terrorism awareness and urban planning. Working with CART, American Sign Language, Latin American Sign Language, Mexican Sign Language and Latin American Indigenous Language interpreter relay teams. Voice-over artist and accent reduction coach.

SKILLS:
• Simultaneous Interpretation
• Translation
• Transcription
• Narration/Voice-overs
• Wiretapped Calls
• Surveillance Transcription
• 5150 Interviews
• Conflict Mediation
• Early Education Braille Readiness

EDUCATION:

CA POST 2020
Department of Justice 2009 (5 c)
DHS & EOIR Certification 2009
CA Judicial Council 2009
Los Angeles City College
Interpretation, Translation & Sight
Certification 2004
RECOGNITIONS:

CITY OF BELL 2016
LA COUNTY SHERRIFF’S
DEPARTMENT 2014
LAPD BOOT CAMP 2012
LAUSD PERFORMANCE 2010

EXPERIENCE
SELA & Bell Chamber Board Member January 2022 – Present Providing small business outreach, translation and pro bono services in Arabic, Spanish, English, American and Mexican Sign Language.

SELA Art Center Cultural Events Director January 2022 – Present Cultural Events Director, grant writer, editor, and proofreader, supporting biweekly Speakeasy Life Drawing sessions.

Pacific Media & Communications Workers of America 2016 – 2019 Interpreter/Writer/Editor/Outreach Project Manager
Interpreted, translated, transcribed, edited, proofread daily in Spanish, Creole, and English. Coordinated language services and strategic outreach presentations for 384 different language teams statewide, nationally and for the European Union.

Federal Court Interpreter/Translator/Transcriber
United States Department of Justice and EOIR 2009 – 2016 Lead interpreter for 5150 interviews, MAM hearings (mental competency), live recorded hearings translating Federal and State statutes, proofread daily, laws, case references, expert testimony and working on relay teams using headsets, microphones, consoles and D.A.R. also known as digital audio recordings. Lead evaluator.

Freelance Writer/Interpreter/Translator and Transcriber 2005 – present Simultaneous and consecutive interpreter for international food and science councils, trade show recordings, IT technical support training recordings, live female inmate interviews, architecture, design, engineering, public art, water board, CEQA, AQMD, musical lyrics, civic engagement, road safety and water conservation.

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LOS ANGELES POLICE DEPARTMENT
Officer Rocha
Jeopardy/ Southwest Youth Programs
LAPD Southwest Division
1546 W. Martin Luther King Jr Blvd
Los Angeles, 90062
Telephone: (213) 847-5800
Southwest Division
Youth Programs
March 16, 2015
To whom it may concern,
It is a great honor to serve as reference for Ms. Hilda Estrada. Ms. Estrada has been an instrumental partner with LAPD Southwest for approximately 5 years. She has provided interpreter services for several of our Juvenile/Parent outreach programs, Counseling sessions, Bullying Presentations, and Parent Seminars. I have been extremely impressed with her accuracy in translation and her level of work ethic. I have relied on her skill to accurately relay the curriculum concepts to our non-English speaking community and have been extremely pleased with the connection she seems to make. Ms.

Estrada is a person of sterling character and she is highly respected throughout our professional community. She also has heart of gold and her passion is easily recognized in all that she says and does.

LAPD Southwest is proud to have Ms. Estrada as one of our community relations partner and value her dedication and commitment to The City of Los Angeles and the communities we serve.

Please feel free to contact me with any questions or concerns.

Respectfully,
Officer Erwin Rocha
Jeopardy / Southwest Youth Programs
Southwest Community Police Station
1546 W Martin Luther King Jr, Blvd
Los Angeles, CA 90062
213 847-5800
AN EQUAL EMPLOYMENT OPPORTUNITY — AFFIRMATIVE ACTION
EMPLOYER www.LAPDonline.org
www.joinLAPD.corn

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Valerie Varela
United Nations Road Safety Fund
United Nations Economic Commission for Europe
Fundraising Consultant
Palais des Nations
8-14 Avenue de la Paix
1211 Geneva, Switzerland
+41 76 653 61 11
[email protected]
April 12, 2021
To Whom It May Concern:

Both the Los Angeles County Department of Arts and Culture and the Los Angeles County Office of Immigration Affairs would add value to their goals of increasing greater participation by immigrant communities through art by selecting Ms. Hilda Estrada as their Creative Strategist. I have witnessed her talent in applying strategic and creative approaches in the arts and outreach to local communities for the last eighteen years.

My earliest artistic experiences with her were when she led creative strategies, redesigning, and styling vintage clothes for the local LA market which later became a fashion success. I saw her successfully provide strategic designs for an immigrant familyowned design studio and to an upcycle fashion boutique, Rag City at the La Brea and Melrose fashion epicenter for vintage styles, where at the time were one of few working with reconstructed denim and vintage collectible fashion. She also has a natural musical talent playing the viola in an orchestra. She continued to excel in creative strategies, working for a private public relations firm focused on the Latin cross-over market.

Writing, editing, languages, project management and concept development all come naturally to her. Hence blending her skills, she decided to offer her skills to those who would most benefit from them, she provided translation services to undeserved communities as a U.S. Department of Justice (DOJ) interpreter for immigration courts.

While in that role she led strategies for a state and national union on behalf of DOJ contract interpreters. Always taking a leading role advocating, identifying, and filling gaps.

We share the common belief that art is expressive as it restorative. It would be my honor to share with you more stories about her passion and character. Please contact me at any time.

Sincerely,
Valerie Varela

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TETRISART.COM
Tetris Art
Héctor Arias
9452 Guilford Avenue
Whittier, CA 90605
E mail: [email protected]
Phone: (323) 304 – 4813
April 12, 2021
To Whom It May Concern:

I first met Ms. Hilda Estrada while she was simultaneously interpreting in Spanish for the City of Bell regarding park improvements and ideas for future public art. Immediately, the sound of her voice, speed, accuracy and attention to detail stood out to me. These meetings turned into multi-year presentations, discussions over the need for funding for public arts education, afterschool art programming, interactive community art, multilingual art-specific outreach and the need to prioritize hiring professional local artists for public art opportunities in the SELA region. Her appreciation for hiring and celebrating local talent is refreshing.

She is reliable, humble and especially aware of language access needs for Spanish and Latin American Indigenous language speakers. She is able to skillfully put into words the steps involved in many different art installations and mural painting techniques from beginning to end. She can meet deadlines, work long hours, always resourceful and full of positivity.

We connected professionally on collective art installations, most recently on The SELA Vaccination Mural 2021, The Dodgers' House 2020, and The Lakers' House 2020. I have not only enjoyed working with her, but can speak to her: work ethic, creativity, public speaking, teamwork, writing, energy, authenticity and hope in collectively leaving a legacy that values public art and local talent in underinvested communities. It would be my pleasure to share more details with your department.

Sincerely,
Héctor Arias
Tetris Art, Owner

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September 29, 2021
Re: Hilda Estrada
To whom it may concern,
It is with confidence that I express my support of Hilda Estrada’s professional qualifications for the role of community relations services. When LA Metro embarked on an initiative titled Nos Vemos/We See Us to commission artists to implement community-engaged cultural asset mapping in the neighborhoods of Southeast LA (SELA), it was essential for us to build trusting relationships with embedded community members and cultural organizers. Nos Vemos/We See Us was initially funded through a Government Alliance for Race and Equity (GARE) innovation grant to support arts strategies in building racial equity with a focus on river adjacent communities in SELA. Having met Estrada through the SELA Artists Guild, she became an immediate connection supporting our work in the community. Estrada’s diverse skill sets are far reaching, from arts and culture to community engagement and translation. We utilized Estrada’s Spanish language interpretation and translation services for critical print and virtual community outreach throughout an open call to artists. Specifically,, she provided Spanish translation of our presentation materials and simultaneous interpretation for two virtual artist information sessions. Throughout, she offered tips and feedback to our staff, ensuring that the tone and language of our materials had the potential to reach our target audience. Estrada is not only an excellent Spanish language interpreter/translator, but is also a cultural interpreter helping to bridge our non-Latinx staff with a predominantly Latinx artist demographic while honoring the nuance and complexity inherent to all communities.

These qualities are paired with exceptional professionalism, commitment to local arts advocacy and engagement characterized by deep listening and empathy.

I am honored to convey my sincere support of Hilda Estrada.

Sincerely,
Letitia Fernandez Ivins
Senior Manager, Transportation Planning (Arts & Design) LA Metro

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April 12, 2021
Dear Sir or Madam:

I am writing this in support of an application by Ms. Hilda Estrada for the Los Angeles County Department of Art and the Los Angeles County Office of Immigration (OIA) Creative Strategist position. I highly recommend Hilda, and have known her in a professional environment for at least ten years.

My law firm has had contact with Hilda as a Court Interpreter for Immigration Court, and also through her independent work in the Spanish-speaking community. She is extremely reliable and professional, and committed to ensuring the highest of professional standards in situations where language translation is critical. Her passion for the community is abundant in her drive to ensure that Spanishspeakers and immigrants receive equal treatment before the government, and equal access to government services. I am aware that she has taken on causes and expended her own personal time to pursue and improve services to the immigrant community, such as attending and volunteering at community events for immigrants, setting up early and staying late to assist with translations, and a general enthusiasm toward meeting the needs of a segment of the population that is commonly overlooked and under-served.

I have no hesitation in saying that if Hilda is tasked with a job, it will not only get done but it will be done to a higher degree of excellence than expected, with cheerful energy and thoughtful attention to detail.

Hilda is expert at anticipating shortfalls and taking pro-active initiatives, filling in the gaps that no one else thought to look for. She innovates and reaches out to people who are ideally suited to create opportunity in civic and social services for the immigrant population. It is her genuine love and compassion for her work in providing for the immigrant community that makes her a delight to work with.

I hope this information has been helpful, please let me know if I can provide more information.

Very truly yours,
HILL & PIIBE, Immigration Attorneys

Susan E. Hill, Partner
Los Angeles Office

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21 EXHIBIT “C”

COMPENSATION RATE

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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
07/18/2023 Page 1 of 3

STAFF REPORT
Date: July 18, 2023
To: Honorable Mayor and City Council
From: From: Alfonso Noyola, City Manager/Executive Director By: Daniela Trujillo, Administrative Analyst
Subject: Approval of Professional Services Agreement with Fiesta Taxi Cooperative, Inc. for Dial-A-Ride Services

RECOMMENDATION
The City Council is requested to approve a Professional Services Agreement (PSA) with Fiesta Taxi Cooperative, Inc. for Dial-A-Ride Services in the amount not-to-exceed $100,000 annually.

BACKGROUND

1. On May 4, 2023, the City released a Request for Bids to solicit Dail-A-Ride Services.

2. On May 25, 2023, the Request for Bids submission window closed. No proposals were submitted.

3. On June 1, 2023, the City extended the bidding period to June 15, 2023.

4. On June 15, 2023, the Request for Bids submission window closed. One proposal was submitted.

5. On July 5, 2023, Fiesta Taxi Cooperative, Inc. was notified that it was the preferred bidder and would be recommended by staff to receive a contract.

ANALYSIS
The Dial-A-Ride program provides important transportation services to Cudahy seniors and disabled residents allowing them easy access to medical appointments. This program has been successfully operated by Fiesta Taxi since 2011. The services proposed do not differ from the current services provided by Fiesta Taxi. The service will be provided to eligible users over 62 years of age and older and to persons with disabilities of any age living in the City of Cudahy.

Participants of the Dial-A-Ride program will be able to stay connected to their community and Item Number
14B

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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
07/18/2023 Page 2 of 3

enjoy the freedom of direct route travel through use of taxi cabs, sedans, minivans, and wheelchair accessible vans.

The hours of service for participants will be Monday through Friday, 7:00 a.m. through 9:00 p.m. and Saturday and Sunday 9:00 a.m. through 9:00 p.m. (i.e., closed on federal holidays); the transportation service is eligible anywhere within the City of Cudahy, for trips up to five (5) miles outside of the City for medical locations only, and to satellite locations specific to the City that have been identified.

Fiesta Taxi is highly experienced in providing transportation services for senior citizens and individuals with disabilities. They have been servicing such programs for over 20 years. They are currently the provider for 22 Dial-A-Ride programs throughout Los Angeles County. They have assisted the City of Cudahy with an Emergency Transportation Program to deliver meals to city residents during the COVID-19 pandemic. As well as delivering Easter baskets to families in Cudahy. Fiesta Taxi will provide all management and operational functions necessary for the program, including vehicles, drivers, dispatch service, reservations, insurance, fuel, and maintenance.

The Dial-A-Ride program is funded through the City's allocation of LA County Proposition A Transportation funds. These funds are specifically used to provide public transportation programs, like Dial-A-Ride. If approved by the City Council, this agreement would be in effect for a five-year period beginning on July 1, 2023, to June 30, 2028.

CONCLUSION
The City recommends approving a Professional Services Agreement (PSA) with Fiesta Taxi Cooperative, Inc. for Dial-A-Ride Services. This approval would allow eligible residents to have affordable transportation within the City of Cudahy and to medical appointments up to five (5) miles outside of the City.

STRATEGIC PLAN CORRELATION
Goal B Social Services; Strategy 5
A. Partner with appropriate agencies to ensure Cudahy residents receive social services

FINANCIAL IMPACT
The contract amount would be paid from Proposition A Transportation funds. The annual notto-exceed amount is $100,000.

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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
07/18/2023 Page 3 of 3

ATTACHMENT
A. Request for Proposal for Dial-A-Ride Services
B. Professional Services Agreement for Dial-A-Ride Services including Exhibits

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REQUEST FOR PROPOSALS

TO PROVIDE
Dial-A-Ride Services
TO THE

CITY OF CUDAHY
Attachment A Page 218 of 439

IMPORTANT DATES
RFP ISSUED June 1, 2023
PROPOSAL DUE DATE June 15, 2023
at 3:00 PM

NOTIFICATION TO PREFERRED

CONSULTANT
June 29, 2023

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i
Table of Contents
I. INTRODUCTION.................................................................................................. 1 II. BACKGROUND.................................................................................................... 1 III. SCOPE OF WORK............................................................................................... 2 IV. GENERAL INFORMATION .................................................................................. 3 V. TERMS AND CONDITIONS................................................................................. 7 VI. PROPOSAL CONTENT ....................................................................................... 8 VII. EVALUATION PROCEDURES ............................................................................. 9 VIII. PROPOSAL SUBMITTAL................................................................................... 10 IX. STAFF CONTACT.............................................................................................. 11 APPENDIX A – Sample Contract .................................................................................. 12

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1 City of Cudahy
5220 Santa Ana, Cudahy, California 90201
(323) 773-5143 Fax (323) 771-2072
June 1, 2023
Dial-A-Ride Services
I. INTRODUCTION
The City of Cudahy (“City”) seeks proposals from qualified contractors for dial-a-ride services.

Responses must conform with the requirements of this Request for Proposal (“RFP”).

The City reserves the right to waive any irregularity in any proposal or to reject any proposal which does not comply with this RFP. Modifications to the RFP, including, but not limited to the scope of work, can be made only by written addendum issued by the City. Selection of the proposer will be made solely by the City on criteria determined by the City.

By submitting a project proposal, the proposer agrees to all of the terms of the RFP and Agreement (Appendix A), unless exceptions to the RFP or Agreement are stated by the proposer in its project proposal. The successful proposer will be required to enter into an Agreement (Appendix A) which will include the requirements of this RFP as well as other requirements. The City reserves the right to reject any proposal(s) exceptions or changes to the Agreement or Request for Proposal.

II. BACKGROUND
Cudahy is located in Southeast Los Angeles County, next to the L.A. River. The City was incorporated on November 10, 1960 and named after its founder, meat-packing baron Michael Cudahy, who purchased the land known as Rancho San Antonio in 1908 for development. Cudahy is 1.1 square miles with a current population of 23,805. The City is a general law city and operates under the council-manager form of government.

III. PROJECT SCOPE OF WORK
The Scope of Work, as may be modified through negotiation and/or by written addendum issued by the City, will be made a part of the Agreement. The Agreement is expected to be a three-year term. The City shall have the unilateral option, at its sole discretion, to renew the Agreement automatically for no more than two additional one-year terms.

A. Provide Daily Transportation to Eligible City Residents

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2 a. The operator will be expected to provide trips for both same-day service as well as trips being scheduled one or more days in advance. People will be encouraged to call for service a day in advance.
b. Proposers should describe in detail their
established scheduling/dispatching procedures along with any technology options available.

B. Eligible Users
a. Eligible users are the City’s senior and disabled population. Eligible users will register with the City of Cudahy Department of Parks and Recreation. b. The contractor will provide magnetic strip photo ID cards to all participants.

C. Hours of Service
a. Monday through Friday, 7:00 a.m. through 9:00 p.m. and Saturday and Sunday 9:00 a.m. through 9:00 p.m. (i.e., closed on federal holidays).

D. Fare Level
a. The City currently charges our members $0.50 per trip. This fee will be collected by the driver and credited to the City as part of the monthly billing. The City reserves the right to increase or decrease this fee at its sole discretion.

E. Service Area
a. The dial-a-ride will provide service within the boundaries of the City of Cudahy. Additionally, trips will be provided for medical purposes to designated locations of a 5-mile radius outside of the City. The City Managers designee may periodically adjust specific locations to meet changing customer needs.

F. Vehicles
a. Since this program serves the elderly and people with disabilities, a priority is placed on the availability of accessible vehicles for those residents who have wheelchairs, scooters or other physical limitations or special needs.
b. Vehicles will be provided and maintained by the operator. If not new, vehicles should be replaced according to a schedule so that they do not exceed the Federal Transit Administration (FTA) approved useful life in terms of miles during the term of this agreement.
c. The City of Cudahy reserves the right to inspect and accept or reject any vehicles to be used as part of this program. The vehicles and their maintenance must meet all federal, state, and local requirements as well as industry standards for public transportation vehicles.

G. Program Funding
a. This program is funded through the City’s Proposition A Transportation funds. As such, the selected vendor will be required to assist the City in providing record keeping as needed to meet all Metro and National Transit Database (NTD) requirements. This may include preparation of monthly and annual reports as well as participation in the City’s annual NTD audit.

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3 b. Additional funding for this program may be received from grants or other outside funding sources. The vendor will be required to assist in preparation and implementation of any grants as needed. Grants or additional work which increases the original scope of work will be negotiated and addressed as an amendment to the initial agreement.

H. Overall program limits shall be subject to annual allocation of funds by the City Council. Future reductions in funding may require additional restrictions or limitations on the program not currently in place. The vendor will be required to cooperate with the implementation of any such program changes. Any program changes which would alter the terms of this agreement shall be negotiated.

IV. PROPOSAL SCHEDULE
RFP ISSUED June 1, 2023
PROPOSAL DUE DATE June 15, 2023
at 3:00 PM
NOTIFICATION TO PREFERRED CONSULTANT June 29, 2023
IV. GENERAL INFORMATION
A. Proposal Validity – The Proposer’s pricing shall be valid for a minimum of 90 days.

B. Request for Information – Questions regarding this RFP are for clarification purposes only and are to be directed by e-mail to: Victor Santiago, Parks and Recreation Manager, at [email protected].

C. Submission Deadline – Proposals must be received, in a sealed envelope with the words “Request for Proposal – Dial-A-Ride Services” clearly labeled along with the name and address of the contractor, by the Office of the City Clerk by 3:00 pm on June 15, 2023. The submitted packet shall include three (3) hard copies and one (1) electronic copy (pdf) of the proposal.

D. Late Submittals – It is strongly recommended that proposals be delivered inperson or via personal courier by or before the submission deadline.

Proposals received after the specified submission deadline will be disqualified and not considered. Proposals postmarked prior to the applicable deadline date but received after the deadline will also be disqualified and not considered. Proposers are responsible to ensure the timely submission of

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4 their proposal. Proposals may not be submitted by via facsimile or electronic mail.

E. Withdrawal or Modifications – A proposal may be withdrawn or changed by a written and signed request by the firm prior to the final deadline. If firms do not make this request before the final deadline, the firm shall be obligated to fulfill the terms of their proposal as submitted. In the event a proposer seeks to withdraw and modify a proposal, the modified proposal must be submitted before the applicable submission deadline.

F. Addenda – In the event that any portion of this RFP is changed, the City will provide addenda via fax or e-mail to all firms who have received an RFP. The signed addenda must be included with the RFP submittal. Submittals received without the applicable addenda may be rejected as incomplete.

G. Responsiveness – All submittals will be reviewed by the City to determine compliance with all requirements and instructions as specified in the RFP.

Firms are notified that failure to comply with any part of the RFP may result in the rejection of the submittal as non-responsive.

The City also reserves the right, at its sole and absolute discretion to waive minor administrative irregularities or errors.

H. Costs – The City will not be liable for any costs incurred by the Proposer in preparing and responding to this RFP. The Proposer shall not include any pre-contractual expenses as part of the proposed cost.

I. Legal Authorization – All forms and documentation included in this RFP must be signed and dated by a person authorized to legally bind the Proposer to a contractual relationship with the City.

J. Conflict of Interest – Proposer is required to issue a brief statement disclosing potentially conflicting interests including:
a. Any litigation involving the Proposer or the Proposer’s personnel which is adverse to the City; and
b. Consulting services currently being provided or provided within the last four years to any person, corporation, partnership, or other entity that made application to the City for a discretionary land use entitlement or City project.

K. Rejection of Submittals – The City reserves the right at its sole discretion to reject any and all submittals received without penalty as result of this RFP. a. A proposal may be immediately rejected if:

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5 i. It contains misrepresentative or misleading information; ii. It is received at any time after the exact date and time set for receipt of proposals;
iii. It does not meet the required specifications or terms and conditions as prescribed;
iv. It is not prepared in the format outlined in this RFP; v. It is signed by an individual not authorized to represent the Proposer; vi. Proposer is involved in outstanding litigation that could impinge on its ability to complete the responsibilities and obligations of the proposal; vii. Any other reason in the City’s sole and absolute discretion.

L. No Guarantee of Contract – No guarantee is made that any contract will be awarded in response to this RFP.

M. Insurance Coverage – If a Proposer is selected, all insurance documentation will be provided to the City prior to the execution of a contract at the expense of the Proposer. All insurance requirements are included as a provision of the contract.

N. Sub-consultants – Proposer shall identify any sub-consultants and describe the responsibilities that will be assigned to them. The same level of references and background information required for Proposers shall be required of sub-consultants.

O. Acceptance of Conditions – Proposer shall include a statement offering the acceptance of all conditions listed in the RFP document (including, but not limited to, all the conditions reflected in the sample Professional Services Agreement) which shall be submitted with the proposal.

P. Public Record – All proposals submitted in response to this RFP will become the property of the City upon submission and a matter of public record pursuant to applicable law. City reserves the right to make copies of all proposals available for inspection and copying by interested members of the public as records of the City and City shall be under no obligation to the Proposer to withhold such records. In so far as a proposal contains information that the Proposer regards as proprietary and confidential, it shall be the responsibility of the Proposer (and not the City) to specifically identify which items of information are proprietary and clearly identify in writing which specific pieces of information are proprietary. It shall be insufficient for the Proposer to merely identify the

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6 entire proposal or an entire page or set of pages of proprietary. With respect to information deemed proprietary, the procedures set forth under subsection (T) below shall be observed. Not-to-exceed sums, hourly rates and the like that may be set forth in a proposal shall not constitute proprietary information nor shall any information readily available to the general public or any other information not regarded as proprietary and confidential under federal or state law.

Q. Right to Request Additional Information – During the evaluation process the City reserves the right, where it may serve the City’s best interest, to request additional information or clarifications from Proposers, or to allow corrections of errors or omissions. At the discretion of the City, firms submitting proposals may be requested to make oral presentations as part of the evaluation process.

R. Additional Services – The Scope of Work describes the minimum baseline level of services required for the services contemplated under this RFP, however, cost-effective proposals that exceed the minimum levels of service are welcome. Upon final selection of the firm, the Scope of Work may be modified and refined during negotiations with the City to account for the performance of services that exceed the baseline level called for under this RFP.

S. Conflict of Interest - By signing the Agreement, the successful Proposer declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with the award of the Agreement or any work for the proposed project. For the term of the Agreement, no elected or appointed official, officer or employee of the City, during the term of his/her service with the City and for two (2) years following his/her termination of office or employment with the City, shall have any direct interest in the Agreement, or obtain any present, anticipated or future material benefit arising therefrom.

T. Confidential Information - City reserves the right to make copies of a Proposer’s proposal available for inspection and copying by members of the public, (including proposals which may contain information the Proposer regards as proprietary in nature), unless the City’s legal counsel determines that the information which the Proposer regards as proprietary may be withheld pursuant to applicable provisions of the California Public Records Act (Govt. Code Section 6250 et seq.) or other applicable state or federal law. In the event City proposes to disclose records containing information the Proposer has specifically identified as being proprietary and confidential, City shall notify the Proposer in writing of its intent to release such information and the Proposer shall have five (5) working days after City’s issuance of its notice to give City written notice of

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7 Proposer’s objection to the City’s release of proprietary information. City will not release the proprietary information after receipt of the objection notice from the Proposer unless: (i) the objection notice is not received by the City until after the close of business on the 5th day following City’s issuance of the notice of intent to disclose; (iii) ordered to release the information by a court of competent jurisdiction; or (iii) the Proposer’s objection notice fails to include a fully executed indemnification agreement wherein the Proposer agrees indemnify, defend and hold harmless the City, and its elected and appointed officials, officers, directors, employees and agents from and against all liability, loss, cost or expense (including attorneys’ fees) arising out of any legal action brought to compel the release of records containing the proprietary information which the Proposer wishes to withhold. Again, the Proposer must specifically identify the information it deems proprietary.

V. TERMS AND CONDITIONS
A. Certification
By submitting a proposal, Proposer certifies that it has fully read and understands this RFP and has full knowledge of the nature, scope and scale of services and tasks that are to be performed under this RFP. Proposer also certifies that its proposal was prepared without prior understanding, agreement or connection with any other Proposer submitting a proposal from this RFP, and is in all respects fair and without collusion or fraud, so that all proposals will result from free, open and competitive proposing among all Proposers.

B. Reserving Rights
The City reserves the right to reject any and all proposals received as a result of this RFP. City’s potential award of a contract will not be based on any single factor nor will it be based solely or exclusively on the lowest cost proposal. If a contract is awarded, it will be awarded to the proposer who in the judgment of the City has presented an optimal balance of relevant experience, technical expertise, technological innovation, price, quality of service, work history and other factors which the City may consider relevant and important in determining which proposal is best for the City.

C. Assignment and Guarantee
No assignment by the Proposer of the contract or any part thereof, or of funds to be received hereunder, is binding unless the City has given written consent before such assignment. There is also no guarantee of a minimal amount of work or compensation for any Proposer selected for contract negotiations.

E. Clarification
Should discrepancies or omissions be found in this RFP or should there be a need to clarify this RFP, questions or comments should be emailed to Richard

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8 Iglesias, City Clerk, at [email protected]. The City shall not be responsible for, nor be bound by, any oral instructions, interpretations or explanations issued by the City.

F. Discrimination
The Proposer and all subcontractors must not discriminate, nor permit discrimination against any person on the grounds of race, national origin, sex, handicap, sexual orientation, or veteran status in their employment practices, in any of their contractual arrangements, in all services and accommodations they offer the public or in their business operations.

G. Indemnification
Proposer, at its own expense and without exception, shall indemnify, defend and pay all damages, costs, expenses, including attorney fees, and otherwise hold harmless the City, its employees and agents from any liability of any nature or kind in regard to the preparation or presentation of a proposal in response to this RFP.

H. Gratuity Prohibition
Proposer shall not offer any gratuities, favors or anything of monetary value to any official, employee or agent of the City for the purpose of influencing consideration of this proposal.

VI. PROPOSAL CONTENT
A. Cover Letter. The cover letter shall include the name, address, phone number and signature of the person authorized to bind the Proposer to the terms of the proposal.

B. Proposer’s Background. A summary of the Proposer’s background and their area(s) of professional expertise relevant to this RFP.

C. Project Approach/Methodology. A detailed description of the proposed approach/methodology for completing the required components of the Scope of Work. The Proposer shall demonstrate their understanding of the needs of the City and the objectives of the work proposed, as well as their ability to timely complete all the tasks outlined in the Scope of Work.

D. Project Schedule and Schedule Control. A detailed project schedule for each of the main components outlined in the Scope of Work in this RFP, outlining the tasks, activities, deliverables, milestones, and durations of each, including overlaps among the two components. Proposers shall allot sufficient time for review and feedback periods, as well as identify reasonably foreseeable delays that may occur, and factor in additional time as may be appropriate.

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9 E. References. A minimum of three (3) public agency references highlighting similar work as requested in this RFP was performed by the team/personnel proposed for Cudahy. Such references must be for work completed within the last five (5) years, and include the name, title, and contact information of the public agency officer or employee responsible for overseeing the Proposer’s work.

F. Cost Proposal/ Fee Schedule. A detailed “not-to-exceed” cost proposal for each of the main components outlined on the Scope of Work in this RFP, as well as any specific cost savings. Any proposed payment schedule shall align with the project schedule. In addition, the cost proposal shall include an itemized budget, including all necessary labor costs and expenses (direct or indirect), for each of the components. The cost proposal shall state the current hourly rates of all assigned staff/team members. As well as any known increases to said rate scheduled to occur prior to completion of this project.

CONTRACT IMPLEMENTATION
The contract resulting from this solicitation is tentatively scheduled to be awarded in June 2023. Upon award notification and prior to final contract approval, the successful proposer will be required to submit the following:
• Proof of general liability insurance
• Documentation of all credentials necessary to legally perform the services specified.
• A complete W9 form and, if applicable, non-resident withholding exemption form, if not already on file with the City; and • Proof of a current City of Cudahy tax certificate if the vendor is in, or performs services within, the city limits agreed to by the parties.

The finalized contract will include the scope of work, the terms and conditions, the fee schedule and any negotiated modifications agreed to by the parties.

VII. EVALUATION PROCEDURES

EVALUATION CRITERIA
The following criteria shall be used by the Committee to evaluate proposals:

A. Total cost and fee schedule
B. Background and experience in conducting similar work C. Ability to complete work in a timely manner
D. Accessibility and availability
E. Recent references from comparable clients

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10 The City retains full discretion in determining the applicability and weight of the criteria listed above and is not required to select the lowest cost proposal. During the evaluation process, the City reserves the right, where it may serve the City’s best interest, to request additional information or clarification from Proposers, or to allow corrections of error or omissions.

SELECTION OF QUALIFIED PROPOSALS
The City of Cudahy will review the proposals submitted by all proposers. Based on the evaluation criteria, the City of Cudahy will determine which proposal is most advantageous for the award of the contract.

The City of Cudahy may at any time investigate a Proposer’s ability to perform work.

The City of Cudahy may ask for additional information about a company and its work on previous contracts. Proposers may choose not to submit such information in response to the City’s request. However, if failure to submit such information does not clarify the City’s questions concerning the ability to perform, the City may discontinue further consideration of a particular proposal. The City of Cudahy would typically be interested in previous experience in performing similar or comparable work, staffing and personnel turnover, financial statement of resources for current and past periods and other relevant information.

Please be aware that the City of Cudahy may use sources of information not supplied by the Proposer concerning the abilities to perform this work. Such sources may include current or past customers of the organization; current or past suppliers; articles from industry newsletters or other publications or from non-published sources made available to the City of Cudahy.

AWARD
The award may be awarded to the most advantageous proposal based on the evaluation criteria. Alternatively, the top scoring proposals may require the candidate to submit final and best offers.

VIII. PROPOSAL SUBMITTAL
Three (3) hard copies and one (1) electronic copy (pdf) of the proposal shall be presented in an envelope or package. Hard copies should be bound and include the name of the Proposer and the title “Dial-A-Ride Services.” The envelope of package shall bear the name, address, and telephone number of the individual or entity submitting the proposal and shall be addressed as follows:

Office of the City Clerk
City of Cudahy
5220 Santa Ana Street

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11 Cudahy, CA 90201
Proposals can be hand delivered or mailed to the address listed above. Proposals will not be accepted by fax or e-mail.

The proposal shall be delivered to the above address on or before 3:00 P.M. on June 15, 2023.

X. STAFF CONTACT
For inquiries, please contact Victor Santiago at (323) 773-5143 ext. 232 or email at [email protected]
Issued by:

CITY OF CUDAHY
Parks and Recreation Department
____________________________
Victor Santiago
Parks and Recreation Manager

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APPENDIX A

SAMPLE CONTRACT

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PROFESSIONAL SERVICES AGREEMENT
([Replace w/ Name of Consultant - Replace w/ Brief Description of Engagement] ) THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this ___________day of _________________ 20______ (hereinafter, the “Effective Date”), by and between the CITY OF CUDAHY, a municipal corporation (“CITY”) and [____REPLACE WITH NAME OF CONSULTANT____], a [___REPLACE WITH TYPE OF ENTITY, E.G., CORPORATION? PARTNERSHIP? SOLE PROPRIETORSHIP? ETC.____] (hereinafter, “CONSULTANT”). For the purposes of this Agreement CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably.

WHEREAS, CITY wishes to engage CONSULTANT to provide the following specialized services:__________________________; and
WHEREAS, CITY’s in-house personnel is presently unable to perform the specialized services and tasks contemplated under this Agreement; and WHEREAS, CONSULTANT possesses the specialized training, skill, expertise and experience required to perform the services contemplated under this Agreement; and WHEREAS, CONSULTANT agrees to perform the various services and tasks set forth under this Agreement subject to the terms and conditions set forth herein; and NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:

ENGAGEMENT TERMS

1.1 SCOPE OF SERVICES: Subject to the terms and conditions set forth in this Agreement and all exhibits attached and incorporated hereto, CONSULTANT agrees to perform the services and tasks set forth in Exhibit “A” (hereinafter referred to as the “Scope of Services”). CONSULTANT further agrees to furnish to CITY all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Services. For the purposes of this Agreement the aforementioned services and tasks set forth in

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the Scope of Services shall hereinafter be referred to generally by the capitalized term “Work.”

1.2 TERM: This Agreement shall have a term of [___REPLACE TEXT WITH TERM PERIOD: X# of DAYS? MONTHS? YEARS?] commencing from [_REPLACE TEXT WITH START DATE OF TERM: CAN BE EITHER the “EFFECTIVE DATE”? SOME OTHER DATE?]. [OPTIONAL LANGUAGE: Upon the
conclusion of the Term, this Agreement shall renew automatically for a maximum of [_MAXIMUM NUMBER OF EXTENSION TERMS AND MAXIMUM DURATION OF EACH SUCH EXTENSION TERM. EDITOR’S NOTE: IT IS

RECOMMENDED THAT ANY INDIVIDUAL EXTENSION TERM NOT EXCEED

ONE YEAR IN DURATION AND THAT THE TOTAL NUMBER OF EXTENSION

TERMS NOT EXCEED A MAXIMUM OF TWO YEARS BEYOND THE END OF THE INITIAL TERM] …….., unless CITY issues written notice of its intent not to authorize an additional extension term(s). Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause.

1.3 COMPENSATION:

A. CONSULTANT shall perform the various services and tasks set forth in the Scope of Services in accordance with the compensation schedule which is [_____THIS LANGUAGE MAY VARY DEPENDING ON THE LOCATION OF ANY APPLICABLE COMPENSATION SCHEDULE – SOME SCHEDULES

ARE EMBEDDED IN THE SCOPE OF SERVICES WHILE OTHERS CAN BE

FOUND IN A SEPARATE STAND-ALONE SCHEDULE WHICH SHOULD BE ATTACHED AS AN EXHIBIT TO THE AGREEMENT______] (hereinafter, the “Approved Rate Schedule”).

B. Section 1.3(A) notwithstanding, CONSULTANT’s total compensation during the Term of this Agreement or any extension term shall not exceed the budgeted aggregate sum of [___REPLACE WITH NOT-TO-EXCEED SUM____] (hereinafter, the “Not-to-Exceed Sum”), unless such added expenditure is first approved by the CITY acting in consultation with the Superintendent and the Director of Fiscal Services. In the event CONSULTANT’s charges are projected to exceed the Not-to-Exceed Sum prior to the expiration of the Term or any single extension term, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other CITY-approved amendment to the compensation terms of this Agreement.

1.4 PAYMENT OF COMPENSATION: Reserved; No text.

1.5 ACCOUNTING RECORDS: CONSULTANT shall maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement.

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CITY shall have the right to access and examine such records, without charge, during normal business hours. CITY shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

1.6 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Services, CONSULTANT shall deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT shall only be compensated for the reasonable value of the services, tasks and other work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT’s cessation or abandonment.

II.

PERFORMANCE OF AGREEMENT

2.1 CITY’S REPRESENTATIVES: The CITY hereby designates the Superintendent and [____REPLACE WITH TITLE OF CITY REPRESENTATIVE WHO WILL BE

ENGAGED IN THE DAY-TO-DAY ADMINISTRATION OF THE
CONTRACT_______] (hereinafter, the “CITY Representatives”) to act as its representatives for the performance of this Agreement. The Superintendent shall be the chief CITY Representative. The CITY Representatives or their designee shall act on behalf of the CITY for all purposes under this Agreement.

CONSULTANT shall not accept directions or orders from any person other than the CITY Representatives or their designee.

2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates [__INSERT NAME AND TITLE OF PERSON WHO IS CONSULTANT

REPRESENTATIVE FOR PURPOSES OF CONTRACT
ADMINISTRATION________] to act as its representative for the performance of this Agreement (hereinafter, “CONSULTANT Representative”). CONSULTANT Representative shall have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. CONSULTANT Representative or his designee shall supervise and direct the performance of the Work, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the CONSULTANT Representative shall constitute notice to CONSULTANT.

2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:

CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and shall be available to CITY staff and the CITY

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Representatives at all reasonable times. All work prepared by CONSULTANT shall be subject to inspection and approval by CITY Representatives or their designees.

2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:

A. CONSULTANT shall perform all Work skillfully, competently and to the highest standards of CONSULTANT’s profession;
B. CONSULTANT shall perform all Work in a manner reasonably satisfactory to the CITY;
C. CONSULTANT shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.);
D. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
E. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
F. All of CONSULTANT’s employees and agents (including but not limited subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.

The Parties acknowledge and agree that CONSULTANT shall perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the CITY Representatives in writing and in their sole and absolute discretion.

The Parties acknowledge and agree that CITY’s acceptance of any work

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performed by CONSULTANT or on CONSULTANT’s behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT’s profession.

2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it shall not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT’s duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY’s prior written consent, any attempted assignment or transfer shall be ineffective, null and void and shall constitute a material breach of this Agreement.

2.6 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Work shall be performed by CONSULTANT or under CONSULTANT’s strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT’s competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and shall at all times be under CONSULTANT’s exclusive direction and control. CONSULTANT shall pay all wages, salaries and other amounts due such personnel and shall assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like.

CONSULTANT shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.

2.7 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the CITY Representatives to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents,

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contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant shall be promptly removed by CONSULTANT and shall not be re-assigned to perform any of the Work.

2.8 COMPLIANCE WITH LAWS: CONSULTANT shall keep itself informed of and in compliance with all applicable federal, State or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT’s compliance with applicable laws shall include without limitation compliance with all applicable Cal/OSHA requirements.

2.9 NON-DISCRIMINATION: In the performance of this Agreement, CONSULTANT shall not discriminate against any employee, subcontractor, subconsultant, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability or medical condition.

2.10 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and shall at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY. CONSULTANT shall be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants. CONSULTANT and all persons retained or employed by CONSULTANT shall have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.

III.

INSURANCE

3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain polices of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT shall procure and maintain the following insurance coverage, at its own expense:

A. Commercial General Liability Insurance: CONSULTANT shall procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate

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for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.

B. Automobile Liability Insurance: CONSULTANT shall procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.

C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.

D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT shall procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT’s profession. Such coverage shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and shall be endorsed to include contractual liability.

3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance shall contain an endorsement naming the CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers as additional insureds.

3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement shall be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance shall be procured from insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide.

As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the CITY Representatives are authorized to authorize lower ratings than those set forth in this Section.

3.4 PRIMACY OF CONSULTANT’S INSURANCE: All polices of insurance provided by CONSULTANT shall be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY’s elected or appointed

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officials, officers, employees, agents or volunteers shall be in excess of CONSULTANT’s insurance and shall not contribute with it.

3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement shall not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY.

Accordingly, CONSULTANT warrants, represents and agrees that its shall furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the CITY if requested. All certificates of insurance and endorsements shall be received and approved by CITY as a condition precedent to CONSULTANT’s commencement of any work or any of the Work. Upon CITY’s written request, CONSULTANT shall also provide CITY with certified copies of all required insurance policies and endorsements.

IV.

INDEMNIFICATION

4.1 The Parties agree that CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “CITY Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the CITY Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein.

4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONSULTANT’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except

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such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.

4.3 CITY shall have the right to offset against the amount of any compensation due CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of CONSULTANT’s failure to pay CITY promptly any indemnification arising under this Article and related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.

4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.

4.6 CITY does not, and shall not, waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.

TERMINATION

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5.1 TERMINATION WITHOUT CAUSE: CITY may terminate this Agreement at any time for convenience and without cause by giving CONSULTANT a minimum of five (5) calendar days prior written notice of CITY’s intent to terminate this Agreement. Upon such termination for convenience, CONSULTANT shall be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination. CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 7.1 below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work. CONSULTANT shall be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, shall operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.

5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:

A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth under Sections 5.2.B and 5.2C below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

B. CONSULTANT shall cure the following Events of Defaults within the following time periods:
i. Within three (3) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement. Prior to the expiration of the 3-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has

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commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period.

The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2 B.i. that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or
ii. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced
efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.

In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT shall include, but shall not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the services or tasks called for under the Scope of Services; (ii) CONSULTANT’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.

C. CITY shall cure any Event of Default asserted by CONSULTANT within forty-five (45) calendar days of CONSULTANT’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of

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Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.4, above, shall be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.

D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’s performance under this Agreement pending
CONSULTANT’s cure of any Event of Default by giving CONSULTANT written notice of CITY’s intent to suspend CONSULTANT’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT shall be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY shall operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.

E. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach.

No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or iv. The CITY may exercise any other available and lawful right or remedy.

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CONSULTANT shall be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.

G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.

5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto shall not operate to terminate any Article, Section or provision contained herein which provides that it shall survive the termination or normal expiration of this Agreement.

VI.

MISCELLANEOUS PROVISIONS

6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data shall be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, drawings, designs, renderings, specifications, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically.

This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT shall require all subcontractors and subconslutants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY shall be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.

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CONSULTANT shall not use CITY’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.

6.4 NOTICES: All notices permitted or required under this Agreement shall be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:

CONSULTANT: CITY:
[_REPLACE WITH Business Name of
Consultant_]
[_REPLACE WITH Business
Address_]
Attn: [_REPLACE WITH Name/Title of
Consultant’s chief contact ___]
Phone: [_REPLACE WITH Phone
Number_]
Fax: [_REPLACE WITH Fax
Number__]
Email: [_If available, REPLACE WITH
e-mail or simply delete_]
City of Cudahy
[Insert Name of Department/Division]
5220 Santa Ana Street
Cudahy, CA 90201
Attn: [___Title of CITY Contact___]
Phone: [___REPLACE WITH Dept
Phone__]
Fax: [___REPLACE WITH Dept
Fax___]
Such notices shall be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.

6.5 COOPERATION; FURTHER ACTS: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as is reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.

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6.6 SUBCONTRACTING: CONSULTANT shall not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, shall contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.

6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.

6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.

6.10 GOVERNING LAW AND VENUE: This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.

6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.

6.12 SUCCESSORS AND ASSIGNS: This Agreement shall be binding on the successors and assigns of the Parties.

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6.13 NO THIRD PARTY BENEFIT: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.

6.14 CONSTRUCTION OF AGREEMENT: This Agreement shall not be construed in favor of, or against, either Party but shall be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.

6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid.

6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limits, augment, or describe the scope, content, or intent of this Agreement.

6.19 ENTIRE AGREEMENT: This Agreement including all attached exhibits is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, or entered into between CITY and CONSULTANT prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid or binding. No amendment, modification or supplement to this Agreement shall be valid and binding unless in writing and duly executed by the Parties pursuant to Section 6.15, above.

6.20 COUNTERPARTS: .This Agreement shall be executed in three (3) original counterparts each of which shall be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterparts shall be valid or binding unless made to all three counterparts in conformity with Section 6.16, above. One fully executed original counterpart shall be delivered to CONSULTANT and the remaining two original counterparts shall be retained by CITY.

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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.

CITY OF CUDAHY:

By:______________________________
Alfonso Noyola, City Manager
Date:_____________________________

[REPLACE WITH BUSINESS NAME OF
CONSULTANT, E.G., ACME CORP., A
CALIFORNIA CORPORATION ETC.]:

By:______________________________
Name:____________________________
Title:_____________________________
Date:_____________________________
APPROVED AS TO FORM:

By:______________________________

Date:_____________________________

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2023

PROFESSIONAL SERVICES AGREEMENT
(Engagement: Dial-A-Ride Services)
(Parties: Fiesta Taxi Cooperative, Inc. and City of Cudahy) THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this ___________ day of 2023 (hereinafter, the “Effective Date”) by and between the CITY OF CUDAHY, a municipal corporation (hereinafter, “CITY”) and FIESTA TAXI COOPERATIVE, INC., (hereinafter, “CONSULTANT”). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.

RECITALS
WHEREAS, CITY requires a qualified Dial-A-Ride service provider; and WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:

ENGAGEMENT TERMS

1.1TERM: This Agreement shall have a term commencing from the Effective Date through July ____, 2026 (hereinafter, the “Term”) and may be extended by the City administratively a maximum of two (2) one-year extension terms. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination), below.

1.2 SCOPE OF SERVICES:

A. Subject to the terms and conditions set forth in this Agreement and all exhibits attached and incorporated hereto, CONSULTANT agrees to perform the services and tasks set forth in Exhibit “A” (hereinafter referred to as the “Scope of Work”). CONSULTANT further agrees to furnish to CITY all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Work. For the purposes of this Agreement, the aforementioned services and tasks set forth in the Scope of Work shall hereinafter be referred to generally by the

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capitalized term “Work”.

1.3 COMPENSATION: CONSULTANT shall perform the Work in accordance with the “Scope of Work” which is attached and incorporated hereto as Exhibit “A” (hereinafter, the “COMPENSATION RATE”). The foregoing notwithstanding, CONSULTANT’s total compensation for the performance of all Work contemplated under this Agreement, will not exceed the aggregate budgeted sum of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) (hereinafter, the “Not-toExceed Sum”) during the Term of this Agreement, unless such added expenditure is first approved by the City Council. In the event CONSULTANT’s charges are projected to exceed the Aggregate Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Aggregate Not-toExceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.

1.4 PAYMENT OF COMPENSATION: The Not-to-Exceed Sum will be paid to CONSULTANT in monthly increments as the Work is completed. Following the conclusion of each calendar month, CONSULTANT will submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. If the amount of CONSULTANT’s monthly compensation is a function of hours worked by CONSULTANT’s personnel, the invoice should indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice.

1.5 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

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Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT’s cessation or abandonment.

II.

PERFORMANCE OF AGREEMENT

2.1 CITY’S REPRESENTATIVE: The CITY hereby designates Victor Maria Santiago, Parks and Recreation Manager (hereinafter, the “CITY Representative”) to act as its representative for the performance of this Agreement. The CITY Representative or their designee will act on behalf of the CITY for all purposes under this Agreement. CONSULTANT will not accept directions or orders from any person other than the CITY Representative or their designee.

2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Marco Soto, Vice President/Director of Operations to act as its representative for the performance of this Agreement (hereinafter, “CONSULTANT Representative”).

CONSULTANT Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement.

CONSULTANT Representative or designee will supervise and direct the performance of the Work, using his best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the CONSULTANT Representative will constitute notice to CONSULTANT.

2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:

2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:

A. CONSULTANT will perform all Work skillfully, competently and to the highest standards of CONSULTANT’s profession;
B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative.

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2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY

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has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT’s duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY’s prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.

2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the CITY Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat

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to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.

Department of Housing and Urbanization.

CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.

III.

INSURANCE

A. Commercial General Liability Insurance: CONSULTANT will procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general

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aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.

B. Automobile Liability Insurance: CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance will have minimum limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.

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3.7 CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work to be performed hereunder. The policy shall provide coverage for CONSULTANT’s professional liability in an amount not less than One Million Dollars ($1,000,000) per occurrence and in the aggregate. The abovementioned insurance shall not contain a self-insured retention, deductible, or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims-made policy shall be acceptable if the policy further provides that; (i) the policy restrictive date coincides with or precedes the initiation of the Scope of Work (including subsequent policies purchased as renewals or replacements); and (ii) CONSULTANT shall notify the CITY of circumstances or incidents that might give rise to future claims. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from Work performed in connection with this Agreement.

IV.

INDEMNIFICATION

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CONSULTANT’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.

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elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.

TERMINATION

5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:

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the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2B and 5.2C below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

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(iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.

C. CITY will cure any Event of Default asserted by CONSULTANT within fortyfive (45) calendar days of CONSULTANT’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.

E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach.

No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.

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terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.

CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.

VI.

MISCELLANEOUS PROVISIONS

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Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.

6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.

CONSULTANT: CITY:

Fiesta Taxi Cooperative, Inc.

Attn: Marco A. Soto
1515 W. 190th Street Suite 250
Gardena, CA 90248
Phone: (323) 972-9528
City of Cudahy
Community Services Department
Attn: Victor Maria Santiago
5220 Santa Ana Street
Cudahy, CA 90201
Phone: (323) 773-5143 ext. 232
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.

6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Work

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required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.

6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.

6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.

6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.

6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in

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favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.

6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

6.16, above.

6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and one fully executed original will be retained by CITY. (SIGNATURES ON NEXT PAGE)

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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.

CITY OF CUDAHY:

By:

Alfonso Noyola, ICMA-CM
City Manager
Date:____________________________
FIESTA TAXI COOPERATIVE, INC.:

By:

Marco A. Soto
Vice President/Director of Operations
Date:____________________________
APPROVED AS TO FORM:

By:

City Attorney
Date:____________________________

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EXHIBIT “A”

SCOPE OF WORK

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Scope of Work

1. Provide daily transportation to eligible City residents - The operator will be expected to provide trips for both same-day service as well as trips being scheduled one or more days in advance. People will be encouraged to call for service a day in advance. All trips must be requested individually. Proposers should describe in detail their established scheduling/dispatching procedures along with any technology options available.

2. Eligible users are the City’s senior and disabled population. Eligible users will register with the City of Cudahy Department of Parks and Recreation. The contractor will provide magnetic strip photo ID cards to all participants.

3. Hours of Service – Monday through Friday, 7:00 a.m. through 9:00 p.m. and Saturday and Sunday 9:00 a.m. through 9:00 p.m. (i.e., closed on federal holidays).

4. Fare Level - The City currently charges our members $0.50 per trip. This fee will be collected by the driver and credited to the City as part of the monthly billing.

The City reserves the right to increase or decrease this fee at its sole discretion.

5. Service Area – The dial-a-ride will provide service within the boundaries of the City of Cudahy. Additionally, trips will be provided for medical purposes to designated locations of a 5-mile radius outside of the City. The City Managers designee may periodically adjust specific locations to meet changing customer needs.

6. Vehicles – Because this program serves the elderly and people with disabilities, a priority is placed on the availability of accessible vehicles for those customers who have wheelchairs, scooters or other physical limitations or special needs.

Vehicles will be provided and maintained by the operator. If not new, vehicles should be replaced according to a schedule so that they do not exceed the Federal Transit Administration (FTA) approved useful life in terms of miles during the term of this agreement. The City of Cudahy reserves the right to inspect and accept or reject any vehicles to be used as part of this program. The vehicles and their maintenance must meet all federal, state, and local requirements as well as industry standards for public transportation vehicles.

7. Program Funding – This program is funded through the City’s Proposition A Transportation funds. As such, the selected vendor will be required to assist the City in providing required record keeping as required to meet all Metro and National Transportation Database (NTD) requirements. This may include preparation of monthly and annual reports as well as participation in the City’s

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annual NTD audit. Additional funding for this program may be received from grants or other outside funding sources. The vendor will be required to assist in preparation and implementation of any grants as needed. Grants or additional work which increases the original scope of work will be negotiated and addressed as an amendment to the initial agreement.

Overall program limits shall be subject to annual allocation of funds by the City Council. Future reductions in funding may require additional restrictions or limitations on the program not currently in place. Vendor will be required to cooperate with the implementation of any such program changes. Any program changes which would alter the terms of this agreement shall be negotiated.

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EXHIBIT “B”

COMPENSATION RATE

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1 2
3 4
5 6
7 CITY OF CUDAHY

DEPARTMENT OF TRANSPORTATION

PROPOSAL PRICE SHEET
DIAL-A-RIDE Transportation Services
Year 1 Year 2 Year 3
Flag Drop Per Trip $3.14 $3.14 $3.14
Cost Per Mile $3.32 $3.32 $3.32
Administrative Cost
(includes excess insurance 15% of taxi 15% of taxi 15% of taxi and subsidy for accessible meter rate meter rate meter rate vehicles)
Per Trip Fare Minimum $10 $10 $10
Charge
Wheelchair Trip Fee $25 $25 $25
Swipe Card System Costs:
$0 $0 $0
!Setup Fee
Monthly System Fee $458.34 $458.34 $458.34
(MJM)
Not-To-Exceed Yearly Cost
$100,000 $100,000 $100,000
Year 4 Year 5
$3.14 $3.14
$3.32 $3.32
15% of taxi 15% of taxi
meter rate meter rate
$10 $10
$25 $25
$0 $0
$458.34 $458.34
$100,000 $100,000
*Price proposal is inclusive of the program's expansion to a 5-mile radius. Not to exceed yearly cost is based off o_fpre-pandemic numbers.

Business Name: Fiesta Taxi Cooperative, Inc.
ll\ddress: 1515 W. 190th Street, Suite 250
City, State, Zip: Gardena,CA 90248
Phone Number: 310-851-5050 or 323-972-9528 email: [email protected] Rep. Name & Title: Marco A. S_g.to.,._v_p and Director of Operations Signature: � Date: June 151
h, 2023

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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
07/18/2023 Page 1 of 3

STAFF REPORT
Date: July 18, 2023
To: Honorable Mayor/Chair and City Council/Agency Members From: From: Alfonso Noyola, City Manager/Executive Director By: Andres Rangel, Assistant to the City Manager
Subject: Approval of a First Amendment Willdan Engineering to Provide Design Phase Engineering Services for the Cudahy Park Renovation Project

RECOMMENDATION
City Council is requested to approve a First Amendment to Professional Services Agreement (PSA) with Willdan Engineering Inc. to provide additional design services for the preparation of PS&E (Plan, Specifications, and Estimates) for the Cudahy Park Renovation Project, not to exceed $40,866.

BACKGROUND

1. On February 15, 2022, the City approved a sub-recipient agreement with the State Department of Parks and Recreation after securing funds from Proposition 68’s Statewide Park Development and Community Revitalization Program.

2. On October 6, 2022, The City issued an RFP to solicit design engineering services for this project.

3. On December 6, 2022, the City Council awarded a Professional Services Agreement for Design Engineering Services to Willdan Engineering Inc.

4. One June 8, 2022, the City requested additional services to the Cudahy Renovation Project.

5. On June 14, 2022 Willdan Engineering provided pricing for said additional services, pending Council approval.

ANALYSIS
The City was awarded $6.9 million to renovate Cudahy Park. The scope of work included in the grant includes the following items:

Item Number
14C

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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
07/18/2023 Page 2 of 3

• Construct a new walking path around the park
• Construct a new splash pad with shade
• Construct a new fitness area with shade
• Construct a new community stage
• Renovate the baseball field
• Renovate the playground
• Renovate the skate park
• Renovate four basketball courts
• Renovate tennis court
• New lighting throughout the park
• Landscaping and irrigation throughout the park
Additionally, the City would like to expand on this original scope of work by adding the following features to the park design:
• Semi-Permiable Pavement Trails
• California Native Garden
• Perimeter Fencing
• Art Mural Wall
Additional features to the park would increase the overall quality of the project, as well as be within the project’s design budget that was originally allocated for design engineering services.

CONCLUSION
The City recommends approving the first amendment to the Professional Services Agreement (PSA) to Willdan Engineering Inc. to provide additional design phase engineering services for the preparation of PS&E (Plan, Specifications, and Estimates) for the Cudahy Park Renovation Project.

STRATEGIC PLAN CORRELATION
Goal A: Community Services, Programs, and Activities for All Objective:

3. Ensure parks are safe, clean, welcoming, and accessible to all.

FINANCIAL IMPACT
The total cost for the first amendment is $40,866 for a new not to exceed contract cost of $359,766, funded by Proposition 68.

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“Serving The People” "Sirviendo A La Comunidad"
Staff Report
07/18/2023 Page 3 of 3

ATTACHMENTS
A. Draft First Amendment to Professional Services Agreement between the City of Cudahy and Willdan Engineering, Inc.

B. Willdan Fee Proposal

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1 2023

FIRST AMENDMENT TO CONTRACT SERVICES AGREEMENT
(Engagement: Design Engineering Services)
(Parties: City of Cudahy and Willdan Engineering)
THIS FIRST AMENDMENT (hereinafter, “First Amendment”) to that certain agreement entitled, “Contract Services Agreement” and dated December 6, 2022 (hereinafter, the “Master Agreement”), is hereby made and entered into this 18th day of July 2023 (hereinafter, “Effective Date”) by and between the City of Cudahy, a municipal corporation (hereinafter, “City”) and Willdan Engineering, (hereinafter, “Consultant”). For purposes of this First Amendment, the capitalized term “Parties” shall be a collective reference to both City and Consultant. The capitalized term “Party” may refer to either City or Consultant, interchangeably as appropriate.

RECITALS
This First Amendment is made and entered into with respect to the following facts:

WHEREAS, on December 6, 2022, the Parties executed and entered into the Master Agreement for Consultant to provide design engineering services for the Cudahy Park Renovation Project services for the City; and
WHEREAS, the Parties wish to amend the Scope of Work to provide additional design engineering services set forth in EXHIBIT A; and
NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:

SECTION 1. Exhibit A-Scope of Work of the Master Agreement is amended to include the attached “Fee Proposal” dated June 14, 2023.

SECTION 2. Except as otherwise set forth in this First Amendment, the Master Agreement shall remain binding, controlling, and in full force and effect. The First Amendment and Master Agreement shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

SECTION 3. The provisions of this First Amendment shall be deemed a part of the Master Agreement and except, as otherwise provided under this First Amendment, the Master Agreement and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this First Amendment and the provisions of the Master Agreement, the provisions of this First Amendment shall control, but only in so far as such provisions conflict with the Master Agreement and no further. (SIGNATURES ON NEXT PAGE)
Attachment A Page 276 of 439
2 IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed on the day and year first appearing above.

CITY:

CITY OF CUDAHY
By: __________________________________
Alfonso Noyola, ICMA-CM
City Manager

Date:

APPROVED AS TO FORM:

By:

Stephanie Arechiga
City Attorney
Date:

CONSULTANT:

WILLDAN ENGINEERING
By: _______________________________

Date:

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3 EXHIBIT A

MASTER AGREEMENT

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1 2022

PROFESSIONAL SERVICES AGREEMENT
(Engagement: DESIGN PHASE ENGINEERING SERVICES)
(Parties: Willdan Engineering Inc. and City of Cudahy)

THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this 6th day of December 2022 (hereinafter, the “Effective Date”) by and between the CITY OF CUDAHY, a municipal corporation (hereinafter, “CITY”) and Willdan Engineering Inc., (hereinafter, “CONSULTANT”). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.

RECITALS
WHEREAS, CITY requires design phase engineering services; and WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, the execution of this Agreement was approved by the Cudahy City Council at its Regular Meeting of December 6, 2022.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:

ENGAGEMENT TERMS

1.1 TERM: This Agreement shall have a term commencing from the Effective Date through completion of this project (hereinafter, the “Term”). Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination), below.

1.2 SCOPE OF SERVICES:

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2 Exhibit “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the CONSULTANT Proposal. The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT Proposal, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.”

1.3 PROSECUTION OF WORK:

1. A detailed description of the specific services or tasks requested;

2. The location of where the particular services or tasks are to be performed, if applicable;

3. A not-to-exceed budget for performing the services or tasks;

4. A timeline for completing the requested services or tasks;

5. Any other information CITY deems necessary and relevant to the requested services or tasks; and

6. The signature of the City Representative, confirming that the services or tasks have been authorized by the City Representative.

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1.4 COMPENSATION: CONSULTANT shall perform the Work in accordance with the “Fee Estimate Proposal” which is attached and incorporated hereto as Exhibit “C” (hereinafter, the “COMPENSATION RATE”). The foregoing notwithstanding, CONSULTANT’s total compensation for the performance of all Work contemplated under this Agreement, will not exceed the aggregate budgeted sum of THREE HUNDRED EIGHTEEN THOUSAND NINE HUNDRED DOLLARS ($318,900) (hereinafter, the “Not-to-Exceed Sum”) during the Term of this Agreement, unless such added expenditure is first approved by the City Council. In the event CONSULTANT’s charges are projected to exceed the Aggregate Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Aggregate Not-to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.

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II.

PERFORMANCE OF AGREEMENT

CONSULTANT will not accept directions or orders from any person other than the CITY Representative or their designee.

2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Tyrone Peter to act as its representative for the performance of this Agreement (hereinafter, “CONSULTANT Representative”). CONSULTANT Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. CONSULTANT Representative or His/Her designee will supervise and direct the performance of the Work, using his best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the CONSULTANT Representative will constitute notice to CONSULTANT.

2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:

2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:

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5 within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative.

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6 Work skillfully, competently and to the highest standards of CONSULTANT’s profession.

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7 2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the CITY Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.

Department of Housing and Urbanization.

CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.

III.

INSURANCE

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8 (occurrence Form CG 0001) or its equivalent. Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.

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9 officials, officers, employees, agents or volunteers will be in excess of CONSULTANT’s insurance and will not contribute with it.

3.7 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, CITY may cancel this Agreement effective upon notice.

3.8 SPECIAL RISKS OR CIRCUMSTANCES. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

IV.

INDEMNIFICATION

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10 with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein Notwithstanding the foregoing, to the extent CONSULTANT’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.

CONSULTANT’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.

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11 4.6 CITY does not, and shall not waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.

TERMINATION

5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:

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12 B. CONSULTANT will cure the following Events of Defaults within the following time periods:
i. Within ten (10) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement.

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13 cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.

E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach.

No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.

CONSULTANT will be liable for all legal fees plus other costs and expenses

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14 that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.

VI.

MISCELLANEOUS PROVISIONS

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15 name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.

CONSULTANT: CITY:

Willdan Engineering Inc.
13191 Crossroads Parkway
North, Suite 405
Industry, CA 91746-3443
Attn: Tyrone Peter
Phone: 562-908-6200
City of Cudahy
Administrative Services Department
5220 Santa Ana Street
Phone: 323-773-5143
Attn: Brenda Rodriguez
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.

6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.

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16 working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.

6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.

6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or

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17 describe the scope, content, or intent of this Agreement.

6.16, above.

6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and the remaining two original counterparts will be retained by CITY.
(SIGNATURES ON NEXT PAGE)

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lN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.

CITY OF CUDAHY: Willdan Engineering lnc.

Noyola, Manager Vanessa Munoz
Date tl Title President
Date: 12t21t2022
APPROVED AS TO FORM:

City Attorney
Date
18 January 17, 2023

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19 EXHIBIT “A”

CITY RFP

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REQUEST FOR PROPOSALS (RFP)

TO PROVIDE DESIGN PHASE ENGINEERING SERVICES

FOR THE PREPARATION OF PS&E (PLAN, SPECIFICATIONS AND ESTIMATES)

FOR THE CUDAHY PARK RENOVATION PROJECT

IN THE CITY OF CUDAHY, CALIFORNIA
October 6, 2022

DELIVERY ADDRESS
City of Cudahy
5220 Santa Ana St,
Cudahy, CA 90201
Attn: Victor Maria Santiago
Parks and Recreation Manager

REQUIRED NUMBER OF PROPOSALS
Three (3) hard copies and one (1) electronic
copy (pdf)

CONTACT INFORMATION FOR INQUIRIES
contact via e-mail only, no telephone calls
Victor Maria Santiago
Parks and Recreation Manager
[email protected]

PRE-PROPOSAL MEETING
None

PROPOSAL DUE DATE
November 3, 2022; 3:00 PM

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1. Introduction 1

2. Project Description 1

3. RFP Schedule 2

4. Scope of Services 2

5. Key Personnel 3

6. City’s Standard Professional Services Agreement 4

7. Insurance Coverage Limits and Requirements 4

8. Consultant Selection Methodology 4

9. Contract Award 5

10. Required Format for Technical Proposal Submittal 5

11. Fee Estimate Proposal Submittal 6

12. Questions Regarding This RFP 8

13. Proposal Submittal Protocol 8

14. Pre-Contractual Expenses In Responding To The RFP Preparation 8 Attachments:

Attachment A – Affidavit of Non-Collusion
Attachment B – Claims History
Attachment C – Sample Professional Services Agreement
Attachment D – Insurance Requirements
Attachment E - Project Conceptual Scope

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RFP to Provide Design Phase Engineering Services for The Preparation of PS&E (Plan, Specifications and Estimates) For the Cudahy Park Renovation Project
City of Cudahy, California Cover Page

REQUEST FOR PROPOSALS (RFP)

TO PROVIDE DESIGN PHASE ENGINEERING SERVICES

FOR THE PREPARATION OF PS&E
(PLAN, SPECIFICATIONS AND ESTIMATES)

FOR THE CUDAHY PARK RENOVATION PROJECT

IN THE CITY OF CUDAHY, CALIFORNIA
November 3, 2022
To interested and qualified Consultants:

The City of Cudahy is soliciting Proposals from qualified firms TO PROVIDE DESIGN PHASE

ENGINEERING SERVICES FOR THE PREPARATION OF PS&E (PLAN, SPECIFICATIONS AND ESTIMATES) FOR THE CUDAHY PARK RENOVATION PROJECT.

Requirements for this RFP are enclosed.

In order to be considered in the selection process, interested parties shall submit three (3) hard copies and one (1) electronic copy (pdf) of their Proposals no later than 3:00 PM, November 3, 2022, to:

Victor Maria Santiago
Parks and Recreation Manager
5220 Santa Ana St,
Cudahy, CA 90201
If you have any questions, please contact via email (no telephone calls):

Victor Maria Santiago
Parks and Recreation Manager
[email protected]
Late proposals will not be accepted.

Sincerely,
Victor Maria Santiago
Parks and Recreation Manager
City of Cudahy

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RFP to Provide Design Phase Engineering Services for The Preparation of PS&E (Plan, Specifications and Estimates) For the Cudahy Park Renovation Project
City of Cudahy, California RFP, Page 1

REQUEST FOR PROPOSALS (RFP)

TO PROVIDE DESIGN PHASE ENGINEERING SERVICES

FOR THE PREPARATION OF PS&E (PLAN, SPECIFICATIONS AND ESTIMATES)

FOR THE CUDAHY PARK RENOVATION PROJECT

IN THE CITY OF CUDAHY, CALIFORNIA
November 3, 2022

1. INTRODUCTION
The City of Cudahy is soliciting Proposals from qualified firms TO PROVIDE DESIGN PHASE

ENGINEERING SERVICES FOR THE PREPARATION OF PS&E (PLAN, SPECIFICATIONS AND ESTIMATES) FOR THE CUDAHY PARK RENOVATION PROJECT.

2. PROJECT DESCRIPTION
The city has received a $6,902,951 Proposition 68 Statewide Park Development and Community Revitalization Program to renovate Cudahy Park. Total grant amount includes costs for pre-construction, design, construction, and construction management costs. The project focuses on parkwide renovation improvements such as renovating basketball, baseball, tennis courts, as well as the playground and skate park. Additions to the park include a community stage, splash pad, exercise equipment, picnic area, and shade structures. A copy of the concept designs is included in Attachment D.

The project is located in the City of Cudahy, adjacent to the Los Angeles River between Wilcox Avenue and River Road in Cudahy.

3. RFP SCHEDULE
Below is the RFP schedule. Below tentative schedule is subject to change by the City:

Request for Proposals Posted and Issued Thursday, October 6, 2022 Deadline for Receipt of Questions Thursday, October 20, 2022, 4:00 PM Addendum (if necessary) to Respond to
Questions
Monday, October 24, 2022
Deadline for Receipt of Proposals (RFP Due
Date)
Thursday, November 3, 2022, 3:00
PM
Contract Awarded by City Council (tentative) December 2022

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City of Cudahy, California RFP, Page 2

4. SCOPE OF SERVICES
The project scope includes preparation of all necessary plans and to provide to the City a complete PS&E Bid Package ready for bidding. The following description of work defines the general project requirements. Associated tasks and provisions necessary for a complete project, but not specifically defined herein are to be addressed in the proposal and undertaken within the proposed “Not to Exceed” contract fee.

The following scope of services is provided as a general guidance.

The proposers shall provide a detailed scope of services to provide all necessary services to complete the project in compliance with applicable, standards and requirements and provide the City a complete set of plans, specifications and estimates ready for bidding and provide necessary support services during bidding and construction phases.

Phase 1. PS&E Phase Services:
▪ Kickoff and Ongoing Meetings: Meet with City staff at the beginning of project and routinely during this phase to review design components and ensure milestones are being met. Discuss exploring different options for skate park design (Pre-manufactured vs. in-ground skate park).
▪ Assemble Existing Data: Assemble and review available information pertaining to the project, including existing survey data, as-built improvement plans, City map, aerial photographs, utility information, and other available record data. ▪ Field Surveys: Field reviews will be performed to identify and/or verify existing conditions such as potential utility conflicts, etc.
▪ Utility Coordination/Notices: Coordinate with the utility companies in order to identify all existing underground and overhead utility lines which may interfere with the installation of proposed park equipment/amenities. For electrical services, coordinate with Southern California Edison Company. Consultant shall be responsible to send out preliminary utility notices to all utility companies, obtaining utility maps and plans, showing all utilities on the plans and sending final utility notices when the plans are approved.
▪ PA & ED (Environmental Studies and Permits): Prepare project approval and environmental documents to comply with applicable regulatory agencies (NEPA/CEQA requirements, etc).
▪ PS&E (plans, specifications, estimates): Prepare complete Plans, Specifications, and Estimates (PS&E). Include architectural renderings of proposed improvements. Submittals include 30%, 60%, 90% and 100% submittals. Plans must meet all project requirements and limitations, include those

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City of Cudahy, California RFP, Page 3
of the landowners, grant guidelines, local, state, and federal regulations, and those created by existing conditions such as existing utility facilities. ▪ Review land-use covenant between City of Cudahy and Department of Toxic Substances Control (DTSC) and Remediation Plan. Provide recommendations to ensure project design compliance with restrictions.
▪ Permitting: Receive approvals and permits from all required parties, including, LA County Fire, City of Cudahy, and any other involved regulatory agency. ▪ Council Presentation: Attend Council Meeting for approval of design plans before preparation of final working documents.

Design phase shall be completed within 4 months of issuance of City’s NTP.

Final Product: PS&E Bid Package ready for bidding, including one wet signed plan set, two hard copies, AutoCAD file of plans, hard copy and Ms Word file of Specifications, hardy copy and, Excel file of Estimates, pdf file of all other documents.

Phase 2. Bidding Phase Services:

The Consultant shall provide necessary support services, including but not limited to:
• Attending pre-bid meeting (1 assumed).
• Responding to bidder’s questions.
• Provide bid analysis. Review bid costs/schedule of values of 3 low bidders, and inform City if the costs are in line with estimates. • Recommend lowest and responsive bidder.

Phase 3. Construction Phase Services:
• Provide support to City’s on-site Construction Manager to answer questions and clarifying items which relate to the PS&E package prepared by the consultant. • When requested, review and approve construction submittals and shop drawings to be submitted by the contractor as per the PS&E package.

Phase 4. Additional Construction Phase Services:

On-call construction support services as City deems necessary, which may include but

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City of Cudahy, California RFP, Page 4
not be limited to the following tasks:
• When requested, attending monthly construction meetings with the City’s Construction Manager, contractor, and other involved parties. • When requested, reviewing contractor change order requests, and providing necessary information to the City’s Construction Manager as they relate to the consultant’s design.
• When requested, attending project walk-throughs and assisting in preparation of punch list(s).

5. KEY PERSONNEL
It is imperative that the key personnel providing the consulting services have the background, experience, and qualifications to complete the project. The City reserves the right to approve all key personnel individually for work on this contract. All key staff shall be named in the contract. After the contract is signed, the proposer may not replace key staff unless their employment is terminated or agreed upon by the City. The City must approve replacement staff before a substitute person is assigned to the Project.

The City reserves the right to request that the proposer replace a staff person assigned to the contract should the City consider such a replacement to be for the good of the project.

6. CITY’S STANDARD PROFESSIONAL SERVICES AGREEMENT
The RFP includes a sample of City’s Professional Services Agreement as Attachment C.

Proposers shall review the Agreement and provide a statement that they will comply with all aspects of the Agreement, or provide any comments that they would like the City to consider. The City Attorney will review any comment received and make a final decision if all or part or any of such comments may be considered.

7. INSURANCE COVERAGE LIMITS AND REQUIREMENTS
Consultant shall provide Insurance Coverage Limits and Requirements as indicated in this RFP as provided in Attachment D.

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8. CONSULTANT SELECTION METHODOLOGY
Upon receipt of Proposals, City’s consultant selection committee will rank the responding consultants. The City, at its sole discretion may invite top 3 ranked qualified consultants to for interviews, or negotiate final scope and fee with the most qualified consultant.

Evaluation Criteria Max
Points
Compliance with the RFP Requirements 15
Project Understanding and Approach 25
Experience 25
Level of effort, schedule and cost effectiveness to provide efficient services. 35
Total Points 100

9. CONTRACT AWARD
Any contract resulting from this RFP will be awarded to a firm whose Proposal meet the technical requirements of the RFP and is evaluated as the highest ranked proposal.

Proposals will be ranked in accordance with the evaluation criteria stated in this RFP.

Negotiations regarding a fair and reasonable price will occur subsequent to consultant selection. Should the City be unable to obtain a fair and reasonable price through negotiations with the highest qualified proposer, the City shall enter into negotiations with the next highest qualified proposer and may award that contract if the parties are able to arrive at a fair and reasonable price. If that is unattainable, the City shall enter into negotiations with the next highest qualified proposer in sequence until an agreement is reached.

10.REQUIRED FORMAT FOR TECHNICAL PROPOSAL SUBMITTAL
Please submit your Technical Proposal in the format specified below:

1. Cover Letter:

Emphasize strong points of the project team and the firm’s experience. Include the name, address, telephone number, title, and signature of the firm’s contact person for this proposal. The cover letter shall state that the submittal is valid for 90 days.

2. Project Specific Approach, Scope of Work:

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Provide your understanding of the project, and describe your approach to accomplishing the City’s goal in the most efficient and cost effective manner (including AQ/QC control).

Note: It is expected that the Firms should not simply restate the information contained in this RFP; rather identify critical issues in implementing the proposed improvements, and provide an approach to resolving such critical issues the most efficient and cost effective manner.

3. Proposed Project Specific Staff:

This section should include a project organization chart showing proposed staff members and any subconsultants, and resumes of key project persons. It is imperative that the key personnel providing the required services have the background, experience, and qualifications in similar projects.

4. Similar Projects and References:

Provide a list of similar projects where your firm and proposed project staff have provided similar services. Also provide minimum 3 Public Agency references that City can contact for similar projects and services.

5. City Standard Contract:

The RFP includes City’s Standard Contract as Attachment. Proposers shall review the Agreement and provide any comments that they would like the City to consider.

6. Required Attachments:

Below attachments shall be signed and submitted with the proposal:
• Attachment A - Affidavit of Non-Collusion
• Attachment B - Claims History
The Fee Proposal shall be submitted in a separate envelope as indicated in the following section.

11.FEE ESTIMATE PROPOSAL SUBMITTAL
The Fee Estimate Proposal shall be submitted in a separate sealed envelope. The fee shall be broken in major project components and phases.

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City of Cudahy, California RFP, Page 7
Consultant shall also provide its Schedule of Standard Hourly Fee Rates to determine pricing for on-call construction support services.

12.QUESTIONS REGARDING THIS RFP
All questions regarding this RFP must be submitted via email:

Victor Maria Santiago
Parks and Recreation Manager
[email protected]
Questions regarding this proposal shall be submitted via email no later than 10 calendar days prior to proposal due date. In response to all questions received by this date, City will issue an Addendum no later than 5 calendar days prior to the proposal submittal due date. The addendum will be emailed to all RFP recipients on record.

13.PROPOSAL SUBMITTAL PROTOCOL
In order to be considered in the selection process, interested parties shall submit three (3) copies and one (1) electronic copy (pdf) of their Proposals no later than 3:00 PM, November 3, 2022 to the following address:

Victor Maria Santiago
Parks and Recreation Manager
5220 Santa Ana Street
Cudahy, CA 90201
Late proposals will not be accepted.

15.GENERAL INFORMATION
A. Public Record – All proposals submitted in response to this RFP will become the property of the City upon submission and a matter of public record pursuant to applicable law. City reserves the right to make copies of all proposals available for inspection and copying by interested members of the public as records of the City and City shall be under no obligation to the Proposer to withhold such records. In so far as a proposal contains information that the Proposer regards as proprietary and confidential, it shall be the responsibility of the Proposer (and not the City) to specifically identify which items of information are proprietary and clearly identify in writing which specific pieces of information

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are proprietary. It shall be insufficient for the Proposer to merely identify the entire proposal or an entire page or set of pages of proprietary. With respect to information deemed proprietary, the procedures set forth under subsection (T) below shall be observed. Not-to-exceed sums, hourly rates and the like that may be set forth in a proposal shall not constitute proprietary information nor shall any information readily available to the general public or any other information not regarded as proprietary and confidential under federal or state law.

B. Right to Request Additional Information – During the evaluation process the City reserves the right, where it may serve the City’s best interest, to request additional information or clarifications from Proposers, or to allow corrections of errors or omissions. At the discretion of the City, firms submitting proposals may be requested to make oral presentations as part of the evaluation process.

C. Reserving Rights - The City reserves the right to reject any and all proposals received as a result of this RFP. City’s potential award of a contract will not be based on any single factor nor will it be based solely or exclusively on the lowest cost proposal. If a contract is awarded, it will be awarded to the proposer who in the judgment of the City has presented an optimal balance of relevant experience, technical expertise, technological innovation, price, quality of service, work history and other factors which the City may consider relevant and important in determining which proposal is best for the City.

D. Discrimination - The Proposer and all subcontractors must not discriminate, nor permit discrimination against any person on the grounds of race, national origin, sex, handicap, sexual orientation, or veteran status in their employment practices, in any of their contractual arrangements, in all services and accommodations they offer the public or in their business operations.

E. Gratuity Prohibition - Proposer shall not offer any gratuities, favors or anything of monetary value to any official, employee or agent of the City for the purpose of influencing consideration of this proposal.

15.PRE-CONTRACTUAL EXPENSES IN RESPONDING TO THE RFP PREPARATION The City shall not be liable for any pre-contractual expenses incurred by any proposer or by any selected consultant. Each proposer shall protect, defend, indemnify, and hold harmless the City from any and all liability, claims, or expenses whosoever incurred by, or on behalf of, the entity participating in the preparation of its response to this RFP. Precontractual expenses are defined as expenses incurred by proposers and the selected consultant, if any, in:
▪ Preparing and submitting information in response to this RFP

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▪ Negotiations with the City on any matter related to this procurement ▪ Costs associated with interviews, meetings, travel or presentations ▪ All other expenses incurred by a proposer/consultant prior to the date of award and a formal notice to proceed.

The City reserves the right to amend, withdraw and cancel this RFP. The City reserves the right to reject all responses to this request at any time prior to contract execution, or only award a partial contract for a limited scope of work. The City reserves the right to waive minor irregularities and request or obtain additional information about any and all proposals.

END OF RFP

ATTACHMENTS TO FOLLOW

Attachment A Affidavit of Non-Collusion
Attachment B Claims History
Attachment C Sample Professional Services Agreement
Attachment D Insurance Requirements
Attachment E Project Conceptual Scope

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ATTACHMENT A

AFFIDAVIT OF NON-COLLUSION
I state that I am _____________________________________ (title) of __________________________________ (name of firm) and that I am authorized to make this affidavit on behalf of my firm, and its owners, directors, and officers. I am the person responsible in my firm for the price(s) and the amount of this Offer.

I state that:
(1) The price(s) and amount of this Offer have been arrived at independently and without consultation, communication or agreement with any other Proposer or potential Proposer. (2) That neither the price(s) nor the amount of this Offer, and neither the approximate price(s) nor approximate amount of this Offer, have been disclosed to any other firm or person who is a Proposer or potential Proposer, and they will not be disclosed before Solicitation opening. (3) No attempt has been made or will be made to induce any firm or person to refrain from bidding on this contract, or to submit an Offer higher than this Offer, or to submit any intentionally high or noncompetitive Offer or other form of complementary Offer. (4) The Offer of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive Offer. (5) ________________________________________ (name of firm), its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted of or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as described in the attached appendix.

I state that________________________________________ (name of firm) understands and acknowledges that the above representations are material and important, and will be relied on by the City of Cudahy in awarding the contract(s) for which this Offer is submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the City of Cudahy of the true facts relating to the submission of Offers for this contract.
_________________________________________________
(Authorized Signature)
_________________________________________________
(Name of Company/Position)
Sworn to and subscribed before me this _______ day of __________________, 20___. _________________________________________________
Notary Public for California
My Commission Expires: ______________________

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ATTACHMENT B

CLAIMS HISTORY
Each Consultant shall submit a summary of whether or not any of the following events have occurred within the past (10) years and, if so, a brief description of the circumstances involved (including, without limitation, the names of parties involved, current status and final disposition of the matter of dispute):

Failure to disclose any circumstances requested in the following paragraphs is grounds for disqualification.
▪ Failure by Consultant or any sub-consultant to enter into a contract to which it has received an award by a public entity.
▪ Forfeiture of a bid or proposal bond by proposer or any sub-consultant. ▪ Termination for default under a contract awarded by a public entity to Consultant or any sub-consultant.
▪ Debarment of Consultant or any sub-consultant by any municipal, county, state, federal, or local agency (note: debarment is grounds for automatic disqualification). ▪ The filing of a lawsuit or arbitration in which the Consultant or a sub-consultant was a defendant or cross-defendant at any time within the past ten (10) years that involved the performance of project, program, or engineering services and that involved an amount in controversy sought to be recovered from Consultant or the sub-consultant of more than $100,000.00.
▪ Conviction of Consultant, a sub-consultant, or any of their principals or officers for violation of a state or federal antitrust law involving bid rigging, collusion, or restriction on competition between bidders, or conviction of violating any other federal or state law relating to bidding or contract performance (note: such conviction is grounds for automatic disqualification).
▪ Any publications involving firm or principals alleging or claiming corruption (such claims are grounds for automatic disqualification).
▪ Any suspension, revocation, or other disciplinary proceeding relating to a contracting or professional license issued to proposer or a sub-consultant.

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ATTACHMENT C
Professional Services Contract

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ATTACHMENT D
Insurance Requirements

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ATTACHMENT E
Project Conceptual Scope

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20 EXHIBIT “B”

CONSULTANT PROPOSAL

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City of Cudahy
Proposal
Provide Design Phase Engineering
Services for the Preparation of PS&E for
the Cudahy Park Renovation Project
November 3, 2022

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Design Phase Engineering Services for the
Preparation of PS&E for the Cudahy Park Renovation ii
City of Cudahy
Table of Contents

1. Cover Letter .............................................................................................................................................................. 1

2. Project Specific Approach, Scope of Work................................................................................................................ 3 Introduction............................................................................................................................................................... 3 Firm’s Understanding of Objectives .......................................................................................................................... 5 Proposed Improvements – Discussion on the Major Items................................................................................... 6 Key Issues............................................................................................................................................................... 8 Project-Specific Approach.......................................................................................................................................... 9 Scope of Work .........................................................................................................................................................12

3. Proposed Project Specific Staff..............................................................................................................................18 Organizational Chart................................................................................................................................................18 Project Staffing ........................................................................................................................................................18 Subconsultants ........................................................................................................................................................19 Key Project Team Members.....................................................................................................................................21 Resumes...................................................................................................................................................................23

4. Similar Projects and References ............................................................................................................................45

5. City Standard Contract...........................................................................................................................................51

6. Required Attachments...........................................................................................................................................52 Attachment A – Affidavit of Non-Collusion .............................................................................................................52 Attachment B - Claims History................................................................................................................................. 54 In accordance with the City’s RFP, Willdan’s Fee Estimate Proposal has been submitted in a separate sealed envelope.

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Cudahy City CouncilJuly 18, 2023

Cudahy City Council
July 18, 2023